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Extended School Year Services in Michigan - Michigan Education ...

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Can a student’s ESY services be provided <strong>in</strong> a school’s optional summer school<br />

program?<br />

Yes. The summer school sett<strong>in</strong>g can offer mean<strong>in</strong>gful opportunities for a student, as well as<br />

provide frequent practice for the ma<strong>in</strong>tenance of skills. However, ESY services must be<br />

tailored to the unique needs of each student and cannot be based solely on the availability<br />

of services dur<strong>in</strong>g the summer. The IEP should provide detailed justification of how a<br />

summer school program would address the student’s unique educational needs.<br />

It is recommended that special education personnel collaborate with summer school staff,<br />

<strong>in</strong>form<strong>in</strong>g them of appropriate modifications and accommodations based on the student’s<br />

needs. Under Section 504 of the Rehabilitation Act of 1973, a school cannot discrim<strong>in</strong>ate<br />

aga<strong>in</strong>st a student with a disability <strong>in</strong> any program and/or activity offered by that school.<br />

Section 5. Frequently Asked Questions about <strong>Extended</strong> <strong>School</strong> <strong>Year</strong><br />

Can students with disabilities who have been placed by their parents <strong>in</strong> private<br />

schools be considered for ESY services?<br />

Yes. Determ<strong>in</strong>ations regard<strong>in</strong>g services to be provided, <strong>in</strong>clud<strong>in</strong>g types and amounts of<br />

services, and which students will be served, are made by a consultation between<br />

representatives of public agencies and representatives of students enrolled by their parents<br />

<strong>in</strong> private schools.<br />

How does the least restrictive environment (LRE) relate to ESY services?<br />

The requirements for placement <strong>in</strong> the LRE dur<strong>in</strong>g the academic year apply to ESY services.<br />

However, a school is not required to create new programs as a means of provid<strong>in</strong>g ESY<br />

services to students with disabilities <strong>in</strong> <strong>in</strong>tegrated sett<strong>in</strong>gs if the school does not provide<br />

services at that time for its students without disabilities.<br />

Similarly, a school is not prohibited from provid<strong>in</strong>g ESY services to a student with a<br />

disability <strong>in</strong> a non-educational sett<strong>in</strong>g if the student’s IEP Team determ<strong>in</strong>es that the student<br />

could receive necessary ESY services <strong>in</strong> that sett<strong>in</strong>g. The IEP Team should consider a<br />

flexible service model that takes the <strong>in</strong>dividualized needs of the student <strong>in</strong>to account.<br />

Are all students with disabilities required to have ESY services?<br />

No. A student and/or his/her guardian(s) have the right to refuse ESY services <strong>in</strong> the event<br />

that they are offered. Likewise, a student and/or his/her guardian(s) have the right to<br />

appeal the decision of the IEP Team <strong>in</strong> the event that ESY services are not offered.<br />

11<br />

Draft: October 24, 2007

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